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Just as teachers and school boards are grappling with the new realities of COVID-19 in classrooms, parents have taken the issue of online versus in-person learning to courts. A series of recent court decisions has outlined a list of factors utilized in determining whether a ch...
A fundamental premise of family law generally is that a parent has an obligation to support their children. So fundamental is that premise that it has been said that “no right thinking society would fail to recognize a parent’s duty to support a child.”[1] Th...
Justice for Children and Youth, a legal clinic which provides representation to children and youth in Ontario, intervened in this case at the Supreme Court of Canada. At issue was the determination of the appropriate legal test for applications for permanent residency in Canad...
Even though parents argue as to the best residential schedule, choice of school, faith, holiday time, Christmas and extra-curricular activities, these issues are simply not as predictive for the outcome of children of separated parents as conflict alone. More to the point, ...
[Jeffery Wilson has been reading and digesting cases every month since 1977, before he was called to the Bar, as a student and then Assistant Editor to the Reports on Family Law (Carswell) and, since 1978, as the chief editor to ON CHILDREN AND THE LAW, and the Ontario Family ...
On February 23, 2016, Conservative Member of Parliament Cathay Wagantall introduced the Private Member’s Bill Cassie and Molly’s Law (“Bill C-225”) in the House of Commons. If passed, Bill C-225 will amend the Canadian Criminal Code (the “Code&rdq...
TELL US A LITTLE ABOUT YOURSELF.I am an immigration lawyer and a proud mom of two young children. I was born and raised in Ukraine and immigrated to Canada not so long ago. While my journey (both personal and professional) has been a one-of-a-kind of adventure, I am extremely ...
Curtis J as she notes at paragraph 23 is correct that Openness is not defined in the Child and Family Services Act, R.S.O. 1990, c. C.11; nor is it defined in the Regulations to the CFSA. So what is Openness if it is not defined? Openness as noted by Curtis J in paragraph 27 a...
On October 29, 2014, the Employment Standards Amendment Act (Leaves to Help Families), 2014 (“Bill 21”) came into force. Bill 21 amends the Ontario Employment Standards Act, 2000 (the “ESA”) to provide for a number of new job-protected leaves. Spe...
For many years, the court’s default position has been that it is in the best interests of the child to remain with their biological parents. However, more and more cases are being released which question this assumption. The Canadian family has become more complex and qu...
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